Central Information Commission
CIC/AD/C/2009/000392
Dated August 28, 2009
Name of the Applicant : Shri G.Rajagopal
Name of the Public Authority : BSNL, Hyderabad
Background
1. The Applicant filed an RTI application dt.22.8.08 with the CPIO, BSNL,
Hyderabad. He requested for the marks obtained in connection with
the Departmental Examination held on 15.7.07. The CPIO replied on
21.8.08 denying the information u/s 8(1)(g) of the RTI Act. Not
satisfied with the reply, the applicant filed a complaint dt.21.4.09
before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for August 28, 2009.
3. Both the Applicant and the Respondent were not present during the
hearing.
Decision
4. With reference to the CIC order dated 23.04.2007 which states as follows while
disposing off the Complaint No. CIC/WB/C2006/00223; Appeal Nos.
CIC/WB/A/2006/00469; 00394; Appeal Nos.
CIC/OK/A/2006/00266/00058/00066/00315:
“Insofar as examinations conducted by other public authorities, the main
function of which is not of conducting examinations, but only for filling up of
posts either by promotion or by recruitment, be it limited or public, the
rationale of the judgments of the Supreme Court may not be applicable in
their totality, as in arriving at their conclusions, the above judgments took
into consideration various facts like the large number of candidates, the
method and criteria of selection of examiners, existence of a fool-proof
system with proper checks and balances etc. Therefore, in respect of these
examinations, the disclosure of the answer sheets shall be the general rule but
each case may have to be examined individually to see as to whether
disclosure of evaluated answer sheets would render the system
unworkable in practice. If that be so, the disclosure of the evaluated
answer sheets could be denied but not otherwise. However, while doing so
the concerned authority should ensure that the name and identity of the
examiner, supervisor or any other person associated with the process of
examination is in no way disclosed so as to endanger the life or physical safety
of such person. If it is not possible to do so in such cases, the authority
concerned may decline the disclosure of the evaluated answer sheets u/s 8
(1) (g)…..”,
the Commission directs the CPIO to provide a certified copy of the answer
sheet to the Appellant after severing under Section 10(1), the identity of the
examiner which is exempted from disclosure under Section 8(1) (g). The
information to be provided by 25.9.09.
5. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Shri G.Rajagopal
JTO MMT
O/o SDOP – II
Karimnagar 505 001
Andhra Pradesh
2. Shri M.Diwakar
The ACPIO &
AGM (Legal)
Bharat Sanchar Nigam Limited
O/o Chief General Manager
A.P.Telecom Circle
Hyderabad 500 001
3. Officer incharge, NIC
4. Press E Group, CIC